Bindt Online

GDPR User Agreement for Using Online Platform

This User Agreement ("Agreement") is entered into between Wilkinson Coutts, hereinafter referred to as the "Provider," and the user, hereinafter referred to as the "User," collectively referred to as the "Parties."

1. Introduction

1.1. The Provider operates an online platform based on Moodle software ("Moodle LMS").

1.2. The User wishes to access and utilise the Moodle LMS provided by the Provider.

1.3. The Parties acknowledge the importance of complying with the General Data Protection Regulation (GDPR) (EU) 2016/679 in relation to the processing of personal data.

2. Definitions

2.1. "GDPR" means the General Data Protection Regulation (EU) 2016/679.

2.2. "Personal Data" means any information relating to an identified or identifiable natural person.

2.3. "Data Controller" means the natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.

2.4. "Data Processor" means a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller.

3. Data Processing

3.1. The User acknowledges and agrees that the Provider may process Personal Data as necessary to provide access to and use of the Moodle LMS.

3.2. The Provider shall act as a Data Controller in relation to Personal Data provided by the User during the registration and usage of the Moodle LMS.

3.3. The Provider shall process Personal Data in accordance with the GDPR and only for the purposes specified in this Agreement or as otherwise agreed with the User.

4. User Obligations

4.1. The User shall ensure that all Personal Data provided to the Provider is accurate, complete, and up-to-date.

4.2. The User shall comply with all applicable data protection laws and regulations, including but not limited to the GDPR, in relation to the processing of Personal Data within the Moodle LMS.

5. Provider Obligations

5.1. The Provider shall implement appropriate technical and organisational measures to ensure the security and confidentiality of Personal Data processed within the Moodle LMS.

5.2. The Provider shall only disclose Personal Data to third parties as necessary to provide the services under this Agreement or as required by law.

6. Data Subject Rights

6.1. The User acknowledges and agrees that data subjects have certain rights under the GDPR, including the right to access, rectify, erase, restrict processing, and object to the processing of their Personal Data.

6.2. The Provider shall assist the User in responding to requests from data subjects exercising their rights under the GDPR.

7. Data Transfers

7.1. The Provider may transfer Personal Data to countries outside the European Economic Area (EEA) as necessary to provide the services under this Agreement, provided that appropriate safeguards are in place in accordance with the GDPR.

8. Data Breach Notification

8.1. In the event of a data breach involving Personal Data processed within the Moodle LMS, the Provider shall notify the User without undue delay after becoming aware of the breach.

9. Duration and Termination

9.1. This Agreement shall remain in effect for the duration of the User's access to and use of the Moodle LMS.

9.2. Either Party may terminate this Agreement immediately upon written notice if the other Party materially breaches any provision of this Agreement and fails to remedy such breach within a reasonable period.

10. Miscellaneous

10.1. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral, relating to such subject matter.

10.2. This Agreement may be amended or modified only by a written instrument executed by both Parties.